K. P. NANJUNDI VISHWAKARMA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahu

section 153A r.w.s 143(3) r.w.s. 153D of the L.T of the Act dated 30.12.2019 and hear the same on merits for the advancement of substantial cause of justice. 8. It is humbly submitted that if this application for condonation of delay in filing the appeal is not allowed, the appellant would be put to great hardship and irreparable injury

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1) , BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(2), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

INCOME TAX OFFICER WARD-6(2)(3), BANGALORE vs. MR.P N KRISHNAMURTHY , BANGALORE

Bench: Shri N.V.Vasudevan, Vice- & Shri Chandra Poojari

condone the delay and proceed to dispose of the C.O. on merits. 6. First of all, we will take up the Cross Objection filed by the assessee, which goes to the root of the matter. C.O. No.4/Bang/2019 – by Assessee 7. The facts of the case are that the assessee has filed the return of income on 29.11.2014 for the assessment

M/S. SJS ENTERPRISES LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Year:2017-18

11 of 14 bestowed with a right to the delay being condoned. We are conscious of the fact that the period of limitation should not come as a hindrance to do substantial justice between the parties. However, at the same time, a party cannot sleep over its right ignoring the statute of limitation and without giving sufficient and reasonable explanation

ASST.C.I.T., BANGALORE vs. M/S THE KARNATAKA STATE CRICKET ASSOCIATION, BANGALORE

In the result, both the appeals by the Revenue are dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

condonation of such delay. 3. Disallowance of set apart /accumulation of income u/s 11(1)(a) i) The CIT(A) has erred in allowing exemption u/s 11(1)(a) @ 15% of the income for set apart/accumulation without considering the fact that the assessee has failed to fulfil the conditions for accumulation of 85% of income as stipulated u/s 11(2

M/S. S J S ENTERPRISES LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME, CIRCLE-6(1)(1), BANGALORE

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Years: 2018-19

11 of 16 ground for condoning the delay even by imposing conditions. It is observed that each application for condonati011 of delay has to be decided within the framework laid down by this Court. It is further observed that if courts start condoning delay where no sufficient cause is made out by imposing conditions then that would amount to violation

SREESHARADA CREDIT CO-OPERATIVE SOCIETY LTD,UDUPI vs. ITO WARD- 1&TPS , UDUPI

In the result both the appeals filed by the assessee are allowed

Bench: Shri Prashant Maharishi

2 of 19 6. We have carefully considered the rival contentions and perused the affidavit as well as the application for condonation of delay filed by the assessee. In fact, the delay caused in filing of these appeals is 247 days. 7. Provision stipulates that where an appeal is not filed within the prescribed period of limitation, the same

SREESHARADA CREDIT CO-OPERATIVE SOCIETY LTD,UDUPI vs. ITO WARD- 1&TPS , UDUPI

In the result both the appeals filed by the assessee are allowed

Bench: Shri Prashant Maharishi

2 of 19 6. We have carefully considered the rival contentions and perused the affidavit as well as the application for condonation of delay filed by the assessee. In fact, the delay caused in filing of these appeals is 247 days. 7. Provision stipulates that where an appeal is not filed within the prescribed period of limitation, the same

K. P. NANJUNDI VISHWAKARMA,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahu

2. The appeals arises out of the quantum proceedings passed in the assessment order u/s. 153A r.w.s. 143(3) r.w.s. 153D and penalty appeals passed u/s. 274 r.w.s. 271(1)(c) and u/s. 274 r.w.s. 271AAB of the act. The details of the assessment / penalty orders impugned before the Ld.CIT(A)/NFAC as under: I) Quantum appeals for A.Ys

SHREE SUBRAHMANYA TEMPLE ,THOKUR vs. ITO, EXEMPTIONS, WARD-2, MANGALORE

In the result appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Waseem Ahmedassessment Year: 2016-17

section 11(2) of the Act. The learned CIT(A) considered the CBDT Circular No. 7 of 2018, which allows for relaxation in filing Form No. 9A and Form No. 10B for Assessment Year (AY) 2016-17 due to the first-time implementation of e-filing. The circular empowers Commissioners to condone the delay

M/S. RMZ HOTELS PRIVATE LIMITED,BANGALORE vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojariassessment Year: 2018-19

11 of 79 in filing appeal before this Tribunal. The assessee supports the delay of 93 days by way of condonation petitions explaining the reason that it was due to miscommunication between Senior Managing Director Mr. Deepal Manoharlal Chhabria and Mr. V.S. Narayanan, Group Managing Director of the assessee company. Thus, the averments was supported by the affidavit by Deepak

NAVODAYA EDUCATION TRUST,RAICHUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BELLARY

In the result, the appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2015-16

condonation of delay for filing form 10 prior to assessment year 2016-17. Moreover, the appellant trust has filed form 10B electronically wherein it was mentioned about set apart amount was duly deposited as per section 11(5) of the act, the proof of deposit was submitted before CIT (A) and Jurisdictional AO. Thus, dismiss of appeal without considering

M/S. ARHAM MITRA MANDAL,BANGALORE vs. INCOME-TAX OFFICER(EXEMPTIONS)-WARD-1, BANGALORE

Bench: Shri George George K & Shri Waseem Ahmed

condonation application before the PCCIT for delay in filing the audit report, copy of Form 10 filed under section 11(2

BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4) , BENGALURU

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 1 2012-13 144 2 2012-13 147* 3 2013-14 144 4 2014-15 144 5 2015-16 143(3)* (not ex- parte) 7.2 However, all the orders of CIT(A) passed for all these assessment years are ex-parte without participation of assessee, wherein he has not condoned the delay in filing these appeals before

BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGALURU

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 1 2012-13 144 2 2012-13 147* 3 2013-14 144 4 2014-15 144 5 2015-16 143(3)* (not ex- parte) 7.2 However, all the orders of CIT(A) passed for all these assessment years are ex-parte without participation of assessee, wherein he has not condoned the delay in filing these appeals before

BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX OFFICER, CENTRAL CIRCLE-1(4) , BENGALURU

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 1 2012-13 144 2 2012-13 147* 3 2013-14 144 4 2014-15 144 5 2015-16 143(3)* (not ex- parte) 7.2 However, all the orders of CIT(A) passed for all these assessment years are ex-parte without participation of assessee, wherein he has not condoned the delay in filing these appeals before